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B-288127 1 (2001-09-14)

handle is hein.gao/gaocrptamri0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: The Arora Group, Inc. File: B-288127 Date: September 14, 2001 Edward J. Tolchin, Esq., Fettmann, Tolchin & Majors, for the protester. Devon E. Hewitt, Esq., John E. Jensen, Esq., and Daniel S. Herzfeld, Esq., Shaw Pittman, for CRAssociates, Inc., an intervenor. Col. Michael R. Neds, and Maj. Karl W. Kuhn, Department of the Army, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In a negotiated procurement in which award was made to the offer representing the best value to the government, a protester is an interested party under the General Accounting Office Bid Protest Regulations to protest the award and evaluation of proposals, even where the protester's offer is ranked fifth of seven offers, since, if its protest were sustained, it could be in line for award. 2. Terms incorporated into solicitation for designing outpatient clinics are latently ambiguous and resulted in unequal competition where the record shows that offerors prepared their proposals based on different, yet reasonable, assumptions. DECISION The Arora Group, Inc. (TAG) protests the award of a contract to CRAssociates, Inc. (CRA) under request for proposals (RFP) No. DADA1O-00-R-0056, issued by the Department of the Army to operate two primary outpatient care clinics supporting the DeWitt Army Community Hospital, Fort Belvoir, Virginia. The protester primarily argues that the agency failed to consider whether proposals met a solicitation provision establishing mandatory minimum room sizes for offices and various other areas of the facilities. We sustain the protest.

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